What is an Immediate Relative Green Card?

An Immediate Relative Green Card is a type of permanent resident card issued by the United States government to certain close family members of U.S. citizens. It is available to immediate family members of U.S. citizens including spouses of U.S. citizens, unmarried children under 21 years of age of U.S. citizens and parents of U.S. citizens who are 21 years of age or older. Unlike other family-based green card categories, there is no cap on the number of Immediate Relative Green Cards that can be issued each year.

Key Takeaways

• An Immediate Relative Green Card is a type of permanent resident card issued by the United States government to certain close family members of U.S. citizens.
• Eligible family members include spouses of U.S. citizens, unmarried children under 21 years of age of U.S. citizens and parents of U.S. citizens who are 21 years of age or older. 
• There is no cap on the number of Immediate Relative Green Cards that can be issued each year.

Requirements for Immediate Relative Green Cards

The requirements for Immediate Relative green cards vary depending on the relationship to the U.S. citizen, but the conditions generally include:

• Qualifying for an Immediate Relative Category: There are only a few immediate relative categories available. As mentioned earlier, the categories are eligible family members include spouses of U.S. citizens, unmarried children under 21 years of age of U.S. citizens and parents of U.S. citizens who are 21 years of age or older. Orphans adopted abroad by a U.S. citizen and orphans to be adopted in the U.S. by a U.S. citizen may also qualify.
• Sponsorship: A U.S. citizen relative must petition the foreign family member by filing a Form I-130 (Petition for Alien Relative). This petition establishes a valid immediate relative relationship between the petitioner and the alien relative.
• Documented Relationship: The qualifying relationship must be documented with evidence, such as birth records (i.e. official birth certificate) or a marriage certificate. Moreover, spouses must also provide proof that the marriage is bona fide (not entered for purposes of obtaining a green card).
• Applying for Permanent Residence: In these cases, the immediate relative must be applying for permanent residence (green card). This may be completed through consular processing from outside of the U.S. at a U.S. embassy/consulate, or adjustment of status from inside the U.S.
• Commitment to Financial Sponsorship: By filing a Form I-864 (Affidavit of Support), the U.S. citizen relative promises to financially sponsor their alien relative. The purpose of this step is to demonstrate to the USCIS that the family has reasonable means of financial support and that they will not need to rely on the U.S. government for financial support. 
• Admissibility: The alien relative must prove that he or she is not inadmissible to the U.S. This means that they will be required to demonstrate that they do not pose a danger to U.S. society on grounds of health, security, immigration violation or criminal reasons.

Bottom Line

While the Immediate Relative Green Card offers a relatively efficient path to permanent residency, navigating the immigration process can still be complex. For personalized guidance and expert legal assistance, book a consultation with an immigration lawyer at Attorney At Law.